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Judgment
8 paragraphs · 358 wordsHeard learned counsel for the petitioner and learned counsel appearing for the State assisted by learned counsel for the informant.
Defects, as pointed out by the office, are ignored. The petitioner is an accused in connection with Koderma P.S. Case No. 83 of 2019 (S.T. No. 98 of 2019 & G.R. Case No. 338 of 2019), registered for the offences punishable under section 302/34 of the Indian Penal Code and under section 27 of the Arms Act.
The prayer for bail of the petitioner was earlier dismissed as withdrawn in B.A. No. 11102 of 2019.
It has been alleged that the brother of the informant was shot dead. One Sajjad Ansari had informed about the petitioner and others riding on a motorcycle and having shot at the deceased.
Learned counsel for the petitioner submits that the petitioner has been implicated merely on suspicion.
Learned counsel for the informant has stated that some of the witnesses have disclosed about the petitioner handing over money to the assailants and in fact it was at the behest of the present petitioner that contract killers were engaged to eliminate the brother of the informant. Learned counsel further submits that the fire arm was recovered on his confession and in the FSL report it has come that the said fire arm was used in committing the murder.
It appears from the evidence of Sajjad Ansari, who has been examined as P.W. 1, that the motor cycle was driven by Raushan Pandey and Shekhar Vishwakarma and Shahid Khan were riding pillion. He has further deposed that Shahid Khan had fired at the deceased. It also appears that there is a land dispute going on between the petitioner and the informant party with respect to the sale of land.
Regard being had to the aforesaid facts, the above named petitioner is directed to be released on bail, on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Koderma, in connection with Koderma P.S. Case No. 83 of 2019 (S.T. No. 98 of 2019 & G.R. Case No. 338 of 2019).